| Probable cause affidavit: |
SUBMITTED BY: PAUL, MATTHEW 0085 (AR10117684) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HIS NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1). ON 103110 AT 0031 HOURS, I RESPONDED TO NORTH FLORIDA AVENUE AT KATHY ROAD IN ORDER TO ASSIST DEPUTY CHRIS HOLLOWAY. UPON ARRIVAL, DEPUTY HOLLOWAY TOLD ME THAT HE OBSERVED THE BLACK FORD F-150 LEAVE THE PARKING LOT OF THE CUMBERLAND FARMS IN HERNANDO AT A HIGH RATE OF SPEED AND SQUEALING ITS TIRES. DEPUTY HOLLOWAY TOLD ME HE WAS ABLE TO CATCH UP TO THE VEHICLE AND FOLLOW IT AS IT TRAVELED NORTHBOUND AND TOLD ME THAT HE SAW IT DRIFT INTO THE SOUTHBOUND LANE CROSSING THE CENTER LINE AND THEN DRIFT BACK INTO THE NORTHBOUND LANE WHERE THE RIGHT WHEELS CROSSED THE RIGHT FOG LINE. DEPUTY HOLLOWAY CONTINUED BY TELLING ME THAT HE OBSERVED THE VEHICLE ONCE AGAIN DRIFT OVER THE CENTER LINE TO THE POINT THAT THE LEFT TIRES WERE TRAVELING IN THE SOUTHBOUND LANE AND THEN WATCHED THE VEHICLE TRAVEL BACK INTO THE NORTHBOUND LANE AND CROSS OVER THE RIGHT FOG LINE. DEPUTY HOLLOWAY TOLD ME HE INITIATED A TRAFFIC STOP SOUTH OF KATHY ROAD AND HE TOLD ME THAT IT TOOK THE VEHICLE LONGER THAN EXPECTED TO PULL OVER AT KATHY ROAD. DEPUTY HOLLOWAY TOLD ME THAT AS HE MADE CONTACT WITH THE DRIVER OF THE VEHICLE, NOW KNOWN AS MR THOMAS SEIGNEURIE, THAT HE NOTICED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMITTING FROM HIS PERSON AND THAT THE DRIVER'S SPEECH WAS THICK. I THEN MADE CONTACT WITH THE DRIVER/DEFENDANT, WHO WAS STILL SITTING IN THE DRIVER'S SEAT OF THE BLACK VEHICLE, AND I ASKED HIM TO EXIT THE VEHICLE. THE DEFENDANT EXITED IN A SLOW METHODICAL MOVEMENT USING THE DOOR TO STEADY HIMSELF AND I IMMEDIATELY WAS ABLE TO DETECT AN ODOR OF AN ALCOHOLIC BEVERAGE. THE DEFENDANT THEN STEPPED OUT OF THE VEHICLE AND CROSSED HIS LEGS AND HAD TO CATCH HIMSELF AT THE BED OF THE TRUCK. I REQUESTED THE DEFENDANT COME TO THE FRONT OF MY PATROL CAR WHICH HE AGREED. I THEN ASKED THE DEFENDANT IF HE WEARS GLASSES OR CONTACTS TO WHICH HE STATED HE DID NOT. I ASKED HIM WHAT TYPE OF WORK HE PERFORMED FOR EMPLOYMENT, THEN REQUESTED HE SUBMIT TO THE FIELD SOBRIETY TASKS IN ORDER TO DETERMINE HIS CURRENT STATE OF SOBRIETY. AT THAT TIME, THE DEFENDANT STATED HE WOULD NOT PERFORM ANY SOBRIETY TASKS NOR WOULD HE BLOW. I EXPLAINED TO THE DEFENDANT THAT HIM PERFORMING SOBRIETY TASKS WAS FOR ME TO DETERMINE WHETHER OR NOT HE WAS CAPABLE OF DRIVING AND HE ONCE again STATED HE would NOT PERFORM ANY TASKS FOR ME. DUE TO HIS DRIVING PATTERN, THE ODOR OF THE ALCOHOLIC BEVERAGE EMITTING FROM HIS BREATH, HIS THICK TONGUE WHILE SPEAKING, AND BEING UNSTEADY ON HIS FEET, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE (DUI) OF AN ALCOHOLIC BEVERAGE. I THEN READ THE DEFENDANT COMPLIED CONSENT VIA A CARD. THE DEFENDANT ONCE AGAIN TOLD ME THAT HE WOULD NOT SUBMIT TO A TEST OF HIS BREATH TO DETERMINE ITS ALCOHOL CONTENT. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TOWED BY ADVANCED TOWING. WHILE INVENTORYING THE VEHICLE, THREE OPEN 12 OUNCE CANS OF CORES LIGHT WERE FOUND IN AN UPRIGHT POSITION IN THE REAR PASSENGER COMPARTMENT. ALSO UNDERNEATH THE FRONT PASSENGER SEAT A PIPE WITH MARIJUANA RESIDUE WAS FOUND. THE DEFENDANT WAS ISSUED FLORIDA UNIFORM TRAFFIC CITATION (UTC) NUMBER 2876-FYA-7 FOR FAILURE TO MAINTAIN A SINGLE LANE WITH A FINE OF $166.00, AND DUI UTC NUMBER 4462-XDX-6 FOR DUI WITH A COURT DATE OF 111810 AT 1300 HOURS. WHILE AT THE CITRUS COUNTY DETENTION FACILITY, THE DEFENDANT DID REFUSE ALL SOBRIETY TASKS AND DID REFUSE TO PROVIDE A SAMPLE OF HIS BREATH TO DETERMINE HIS BLOOD ALCOHOL CONTENT. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
